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Questions Answered by Beverly L. Cohen

1 Answer | Asked in Child Custody for Georgia on

Q: Do we need to get a lawyer

My husband signed a paper for temporary guardianship to her grandparents cause he was in a bad place in his life at the time and has since gotten his life on track. The childs mother lives in a place that is falling apart and has no power. We went to get a copy of the temporary guardianship papers... Read more »

Beverly L. Cohen answered on Jul 30, 2013

Your situation sounds complicated. Other issues may be involved that you have not even mentioned. The best advice would be to hire an attorney who can deal with all of the issues presented by the situation.

1 Answer | Asked in Uncategorized for Georgia on

Q: What is code 53-12-261

Beverly L. Cohen answered on Jul 7, 2013

CODE OF GEORGIA

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Chapter 12. REVISED GEORGIA TRUST CODE OF 2010

Article 13. ADMINISTRATION OF TRUST

Part 2. INCORPORATION OF FIDUCIARY POWERS BY REFERENCE

Current through 2013 legislative session

§...
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1 Answer | Asked in Uncategorized for Georgia on

Q: If there are 3 individuals name on a deed, does one person have a right to accrue legal exp and the others pay for it?

Beverly L. Cohen answered on Jul 7, 2013

Your question cannot be answered because it makes no sense. Please reword your question and do not abbreviate any of the words.

2 Answers | Asked in Divorce for Georgia on

Q: What percent does an ex wife receive for alimony

We were married 30 years and she never worked... she is now getting almost 40 percent of my pay .... is this the legal amount she is owed

Beverly L. Cohen answered on Jul 7, 2013

There is no specific percent or other guidelines for alimony like there is for child support. Alimony is based upon one party’s needs and the other party’s ability to pay. Other factors for the court to consider are the standard of living, the length of the marriage, the age and physical and... Read more »

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1 Answer | Asked in Child Custody for Georgia on

Q: NCP moved to KY for 5 years did not want to see girls and hardly called now he lives in GA what rights does he have?

Beverly L. Cohen answered on Jul 7, 2013

A non-custodial parent does not lose parental rights simply because the parent has chosen not to see his or her children for a period of time. A parent continues to have the same rights that were awarded in the last custody order entered by a court.

1 Answer | Asked in Family Law for Georgia on

Q: Where can I find an order for the judge to sign on contempt of court for visitation?

Beverly L. Cohen answered on Jul 2, 2013

Sometimes courts have preprinted petitions for certain types of actions that are fairly standard but courts do not provide preprinted orders. Orders for contempt are not standard because the orders must be prepared in compliance with what the judge ordered. Sometimes judges prepare orders for pro... Read more »

1 Answer | Asked in Child Custody for Georgia on

Q: Can my husband get custody of our child if he beat on me in front of my kids and went to jail?

Beverly L. Cohen answered on Jul 2, 2013

With regard to which parent is awarded custody, a judge has a lot of discretion. In awarding custody, a judge must consider what is in the best interest of the minor children. Although there is no law in Georgia that prevents a judge from awarding custody to a parent who has committed acts of... Read more »

1 Answer | Asked in Child Custody for Georgia on

Q: Do I have to get permission from the non-custodial parent to move out of the State of Georgia?

Beverly L. Cohen answered on Jun 25, 2013

In Georgia, you do not need permission from the non-custodial parent to move out of state. However, you do have to give the non-custodial parent notice of your intention to move at least 30 days prior to the move as well as the new address where the child will be living and the new telephone... Read more »

1 Answer | Asked in Child Support for Georgia on

Q: Can a judge take away child support & alimony if the receiver was held in contempt for accessing a marital asset?

There is no final in the divorce yet. I accessed a retirement account (per my attorney's instruction) because there was no money to support my 2 children and large home. My attorney never filed anything with the court. My spouse found out and filed contempt. I was found in contempt and he was... Read more »

Beverly L. Cohen answered on Jun 25, 2013

The answer to your question is somewhat complicated and may not be exactly what you believe it to be. Only under the right set of circumstances would the judge have had the right to do what he or she did.

If the only reason you were in court was because your husband had filed a contempt...
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1 Answer | Asked in Domestic Violence for Georgia on

Q: My ex has a no contact order and he keeps violating it but I have spoken back can I get in trouble as well. Georgia.

Beverly L. Cohen answered on Jun 21, 2013

If the order is against your ex, he is the only person who can violate the order. You cannot violate the order because it does not prevent you from contacting him.

1 Answer | Asked in Child Support for Georgia on

Q: Does child support modification apply to social security benefits for respondent child?

Beverly L. Cohen answered on Jun 21, 2013

You did not provide enough information to answer the question. You need to state who is receiving social security benefits and why.

1 Answer | Asked in Family Law for Georgia on

Q: Whats the legal age brother and sister need to have their own room?

Beverly L. Cohen answered on Jun 21, 2013

Georgia does not have any law that states when a child needs to have his or her own room.

1 Answer | Asked in Family Law for Georgia on

Q: I have joint legal custody of my son in ga. But primary physical. His dad lives in fla and is trying to keep him...

Can he keep him without a hearing?

Beverly L. Cohen answered on Jun 21, 2013

The answer to your question is far more complicated than what can be addressed here. If you have primary physical custody, your child’s father cannot legally keep him from you past his normal visitation time. However, in order to get your child back, you may need to file a legal proceeding... Read more »

1 Answer | Asked in Family Law for Georgia on

Q: My brother is 18 and is still in high school and is being claimed as a dependent by our father. can he legally move out?

He doesnt wish to live with my father any longer, but has 1 year in highschol left.

Beverly L. Cohen answered on Jun 21, 2013

It’s not a question of whether he can legally move out but where he will live and who will support him if he does. If his mother is in the picture, then he could certainly go to live with her. She would also have the right to child support for his final year of high school. Whatever happens,... Read more »

1 Answer | Asked in Family Law for Georgia on

Q: My ex husband constintley sends me innappropriate messages. Is there anything that can be done about that?

Beverly L. Cohen answered on Jun 21, 2013

You have not defined what you consider to be inappropriate messages or how he sends them. If the messages are sent electronically by email or text, then there should be some way to block the messages. If they are sent by email, there is no law that says you have to open any emails from him. You... Read more »

1 Answer | Asked in Divorce for Georgia on

Q: How I do get an order waiver from for my divorce?

Beverly L. Cohen answered on Jun 21, 2013

You need to explain exactly what you are talking about. I do not know of any document called an order waiver.

1 Answer | Asked in Divorce for Georgia on

Q: Can I change some of the terms in the divorce paper after i've already signed them?

Beverly L. Cohen answered on May 13, 2013

Generally, no, but it may also depend on what terms you want to change. Certain terms and provisions can be changed by filing a modification action. Provisions for Alimony, child support, custody, and visitation can be modified if certain requirements are met. The terms and provisions related to... Read more »

1 Answer | Asked in Divorce for Georgia on

Q: My kids mother has cancelled child support more than 3 times and is now threating to turn it back. how can I stop this?

Beverly L. Cohen answered on May 13, 2013

I do not understand the question. Can you explain how the mother has cancelled child support and what you mean by threatening to turn it back?

1 Answer | Asked in Family Law for Georgia on

Q: Ex filed mod for CS w/12 mnths left. orignal order for 700/mnth for 2 kids. 1 in college 1 in HS. chance of reduct?(GA)

We have both remarried. His marriage has produced a significant increase in financial status. I am in school full time and work PRN basis so my income decreased. I will finish school at the same time as my high schooler.Can I request he reimburse me for attorney fees if judge rules no increase.... Read more »

Beverly L. Cohen answered on May 3, 2013

Unfortunately, you have not asked a legal question that can be answered here. Modification of child support is based upon a change in the income and/or financial status of either parent since the previous order for child support. The modification must also be in the best interest of the child. Even... Read more »

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